[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR222.10]

[Page 412-413]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 222_FAMILY RELATIONSHIPS--Table of Contents
 
          Subpart B_Relationship as Wife, Husband, or Widow(er)
 
Sec. 222.10  When determinations of relationship as wife, husband, widow 
or widower of employee are made.


    (a) The claimant's relationship as the wife or husband of an 
employee is determined when the claimant applies for an annuity, or when 
there is a claim which would include a husband or wife in the 
computation of the social security overall minimum provision, or when a 
claim is filed for a lump-sum payment. If a deemed marriage (see Sec. 
222.14) is to be determined, the husband, wife, or widow(er) must also 
be found to be or to have been living in the same household as the 
employee (see Sec. 222.16).
    (b) The claimant's relationship as the widow(er) of an employee is 
determined as of the date on which the employee died. If the claimant 
applied for a lump-sum payment as the widow(er) of the employee, one of 
the following determinations is made:
    (1) Whether the widow(er) was living in the same household as the 
employee, as defined in Sec. 222.16 of this part, at the time of the 
employee's death, if the claimant is applying for the 1974 Act lump-sum 
death payment.
    (2) Whether the widow(er) was living with the employee, as defined 
in Sec. 222.15 of this part, at the time of the employee's death, if 
the claimant is applying for the 1937 Act lump-sum death payment, 
annuities due but unpaid at death, the residual lump-sum payment, or a 
lump-sum refund payment.

[[Page 413]]

    (c) In order for a claimant who has applied for a monthly survivor 
annuity to establish a deemed marriage, the claimant must have been 
living in the same household as the employee at the time of the 
employee's death (see Sec. 222.16).
    (d) If the husband, wife, widow(er), remarried widow(er), or 
surviving divorced spouse of the employee is a claimant for a monthly 
annuity on a basis other than age or disability, a child-in-care 
determination is required (see Sec. Sec. 222.17 and 222.18).